Louisiana Homeowners Insurance For Tree Damage - News


Clause in home policies can help resolve disputes

At least 24 states have statutes that refer to a formal arbitration or mediation process for homeowners insurance. Many states, including New York, require that policies include a provision for an appraisal process. This allows the homeowner and the




Who Is Responsible When a Tree Falls? | Keller Williams Realty ...

- Buyers of Atlanta


Real Estate Legal Tip submitted by:


Legal Tip: Who is responsible when a tree falls?

Trees and tree branches may fall due to a tornado, hurricane, or age really old and in poor health.

Owner's insurance may cover certain damages and removal of trees, but there are some questions to be asked to determine which owner (insurance company) is responsible.

Live, healthy tree:  Each homeowner is responsible for his/her own damage and cleanup, regardless of where the tree trunk is.  No one can predict or prevent a tornado or hurricane.  This is a “damage” claim, so the deductible will apply first.

Old, dying, diseased tree:  Each homeowner should regularly trim or remove the portion of the tree on his/her property AND should notify the neighbor in writing if an unsafe tree is a potential danger to neighboring properties.

Neighbors do not have the right to go onto other neighbors’ property without permission, even to trim or remove a dangerous tree.

However, giving notice of the unsafe condition will help recover insurance proceeds, possibly even from the neighbors’ insurance company. This is a “liability” claim, so there is no deductible.

Leigh Clack, Attorney                   leigh.clack@neelandrobinson.


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